Compliance Inspection Results

A Notice to Comply is issued for detected minor violations only. Violations detected during a compliance inspection that are material in nature are not included on the Notice to Comply, but are referred by the compliance inspector to the Enforcement Division for investigation and possible disciplinary action.

The Bureau for Private Postsecondary Education (Bureau) provides information regarding the results of compliance inspections for immediate access and the convenience of interested parties.

NOTICES TO COMPLY

California Education Code, section 94935 and Title 5, California Code of Regulations, section 75010 provide that the Bureau shall issue a Notice to Comply for minor violations detected during an inspection conducted by the Bureau.

By no later than 30 days from the date of inspection, the institution must either: (1) Remedy the noncompliance(s) and sign and submit the Notice to Comply form to the Bureau, along with documentation describing how compliance was achieved; or (2) File with the Bureau a written notice of disagreement, specifying the minor violations described in the Notice to Comply with which the institution disagrees, and appealing it by requesting an informal office conference. If a written notice of disagreement is not timely filed with the Bureau, the right to appeal is deemed to have been waived.

Failure to timely remedy the noncompliance(s) or file a written request for an informal office conference may result in the Bureau taking administrative enforcement action.

DISCLAIMER

While the Bureau believes the information to be reliable, human or mechanical error remain a possibility, as does possible delay in the posting or updating of information. Therefore, the Bureau makes no guarantee as to the accuracy, completeness, timeliness, currency or correct sequencing of the information.

Neither the California Department of Consumer Affairs, the Bureau, nor any of the sources of information makes any claims, promises, or guarantees about the accuracy, completeness, or adequacy of the contents or for the subsequent use of this information, however if you find any inaccuracies, please contact the Bureau by mail, e-mail, telephone, or fax so that we may correct any inaccuracies.

Ed. Code §94935 Notice to Comply
(a) Bureau staff who, during an inspection of an institution, detect a violation of this chapter, or regulations adopted pursuant to this chapter, that is a minor violation as determined by the bureau, pursuant to regulations adopted by January 1, 2011, shall issue a notice to comply before leaving the institution. The bureau shall establish a voluntary informal appeal process, by regulation, within one year of the enactment of this chapter.
(b) An institution that receives a notice to comply shall have no more than 30 days from the date of inspection to remedy the noncompliance.
(c) Upon achieving compliance, the institution shall sign and return the notice to comply to the bureau.
(d) A single notice to comply shall be issued listing separately all the minor violations cited during the inspection.
(e) A notice to comply shall not be issued for any minor violation that is corrected immediately in the presence of the bureau staff. Immediate compliance may be noted in the inspection report, but the institution shall not be subject to any further action by the bureau.
(f) A notice to comply shall be the only means the bureau shall use to cite a minor violation discovered during an inspection. The bureau shall not take any other enforcement action specified in this chapter against an institution that has received a notice to comply if the institution remedies the violation within 30 days from the date of the inspection.
(g) If an institution that receives a notice to comply pursuant to subdivision (a) disagrees with one or more of the alleged minor violations listed in the notice to comply, an institution shall send the bureau a written notice of disagreement. The agency may take administrative enforcement action to seek compliance with the requirements of the notice to comply.
(h) If an institution fails to comply with a notice to comply within the prescribed time, the bureau shall take appropriate administrative enforcement action.

5 CCR §75010 Notice to Comply; Informal Appeal Process
(a) Pursuant to section 94935 of the Code, bureau staff may issue a notice to comply to a person approved to operate an institution for minor violations of the Act or this Chapter detected during an inspection.
(b) The notice to comply shall be in writing and shall describe the nature and facts of the violation, including a reference to the statute or regulation violated, and may indicate the manner in which the institution must correct the violation to achieve compliance.
(c) The notice to comply shall be given prior to leaving the institution after the inspection to any owner, person in control, chief academic officer, chief executive officer, chief operating officer, institution director, or any person delegated by any of the aforementioned persons to facilitate the inspection or accept such notice.
(d) The notice to comply shall inform the person approved to operate the institution that he or she may do either of the following:
(1) Within 30 days from the date of the inspection, sign and return the notice to comply, declaring under penalty of perjury that the violation was corrected and describing how compliance was achieved; or
(2) Within 30 days from the date of the inspection, file with the Bureau a written notice of disagreement, specifying the minor violations described in the notice to comply with which the person approved to operate the institution disagrees, and appealing it by requesting an informal office conference. If a written notice of disagreement is not timely filed with the Bureau, the right to appeal is deemed to have been waived.
(e) Within 30 days from the timely receipt of a written notice of disagreement, the Director or his or her designee, shall hear the appeal by holding an informal office conference with the person approved to operate the institution or an authorized representative. Upon request and approval by the Director or his or her designee, the person approved to operate the institution or representative may participate in the office conference by telephone. The 30- day period may be extended by the Director or his or her designee for good cause.
(f) Prior to or at the office conference, the person approved to operate the institution or authorized representative may submit to the Director or his or her designee declarations or documents pertinent to the subject matter of the notice to comply, which shall be duly considered along with the notice to comply and any supporting documentation.
(g) Following the informal office conference to appeal the notice to comply, the Director, or his or her designee, may affirm, modify, or withdraw the notice. A written order affirming, modifying, or withdrawing the original notice to comply shall be served on the person approved to operate the institution within 30 days from the informal office conference. If the order affirms or modifies the original notice to comply, said order shall fix a reasonable period of time up to 30 days for correction of the violation. This order shall be deemed the final administrative decision concerning the notice to comply prior to any enforcement action.
(h) Within the time set for correcting the violation, the person approved to operate the institution shall comply with the order affirming or modifying the notice to comply, and shall submit to the Bureau a declaration under penalty of perjury that the violation(s) was (or were) corrected, containing facts sufficient to document compliance with the order, and incorporating attached documentation to that effect.